L Visa - Intra-Company Transfers
Another common option for aliens wishing to work temporarily in the U.S is the L-1 Intra-company Transferee Visa. In order to be eligible for an L-1 Visa, the applicant must have already worked for a foreign company that has a subsidiary, parent, affiliate, or branch in the U.S. and the L-1 beneficiary must have been employed outside the U.S. on a full-time basis for at least one year.
Executives and managers on L-1A visas may stay in L-1 status for 7 years and may apply for permanent residence in the U.S. under the employment-based first preference category.
To qualify for an L-1 visa, the applicant must:
- Be a manager or executive with specialized knowledge who has been employed by the sponsoring company for at least one year
- Show that your foreign employer is currently operating a branch, subsidiary, or affiliate of the U.S. company
The two types of L-1 visas are:
- L-1A visa - for foreign managers and executives transferring to the U.S. to manage a company or a major function or division of a company, to supervise employees or manage an essential department of a company
- L-1B visa - for foreign employees with specialized knowledge of the company's products, research methods or marketing methods, which are important to the company's competitiveness
Application process
The L-1 petition filed with the U.S. Citizenship and Immigration Services (USCIS) by the U.S. Employer must include:
- Proof of the corporate relationship between the U.S. based business and the foreign employer
- A letter from the L visa beneficiary’s foreign employer detailing their employment information such as the beneficiary 's proposed job qualifications, duties, and proof that the proposed position of employment is at a managerial or executive level
- It must be established that the L-1 beneficiary worked for the foreign employer for one year prior to filing the petition
There are several advantages of the L visa over other non-immigrant work visas. L visas involve less paperwork. Companies petitioning for L-1A applicants are not required to apply for a Labor Certification for the applicant. L-1A visa holders may extend their visas up to 7 years and L-1B visa holders may extend only up to 5 years. Also, L-1A visa holders whose 7-year limit has been reached may re-enter the U.S. for another term as an L-1 holder only after a one year stay abroad. "Dual Intent" is allowed for an L-1 visa applicant, and thus, applicants may not be denied a visa based on their intention to immigrant to the U.S. L-1 visa holders do also have the option of ultimately obtaining employment-based permanent residency.
A consular officer may deny the issuance of an L-1 visa in the following cases:
- The U.S. company, parent, subsidiary, or affiliate outside the U.S. is not qualified to sponsor an L visa employee
- The U.S. company does not appear likely to remain in business after the L-1 visa is granted
- The petition was approved by USCIS based on fraudulent or false information provided by the sponsoring company or the visa applicant
- The applicant is ineligible for an L visa under the Immigration and Naturalization Act
In any of the above cases, the consular officer may request that the petition be remanded back to the USCIS for further consideration.
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